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HB 1165 2026
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
A bill to be entitled 1
An act relating to certified recovery residences; 2
creating a short title; amending s. 397.311, F.S.; 3
revising definitions; amending s. 397.487, F.S.; 4
revising legislative findings; requiring any person, 5
entity, or organization that owns, operates, or 6
manages a recovery residence to obtain and maintain 7
certification through the Department of Children and 8
Families; requiring recovery residences operating on a 9
specified date to apply to the department for 10
certification by a specified date; authorizing such 11
recovery residences to continue to operate 12
conditionally during the application process unless 13
suspended or denied; requiring the department to 14
approve at least one credentialing entity with certain 15
expertise; requiring that such credentialing entity be 16
affiliated with the National Alliance for Recovery 17
Residences; deleting a requirement that the 18
certification program is voluntary; deleting obsolete 19
language; specifying the criteria for active 20
management of a recovery residence; deleting a 21
requirement that a recovery residence be certified and 22
have a discharge policy approved by a department-23
recognized credentialing entity before immediately 24
discharging or transferring a resident; revising a 25
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provision prohibiting certified recovery residences 26
from denying admission to an individual solely because 27
that person is prescribed federally approved 28
medication for the treatment of a substance use 29
disorder to be consistent with the Americans with 30
Disabilities Act and the Fair Housing Act; authorizing 31
a recovery residence to conduct an individualized 32
assessment to determine whether admitting a specified 33
individual would fundamentally alter the nature of the 34
recovery residence's operations based on objective, 35
individualized evidence; providing that such 36
assessment may not be based on program philosophy or 37
generalized assumptions; requiring the Department of 38
Children and Families to adopt rules consistent with 39
federal guidance; providing construction; authorizing 40
a recovery residence operating as a 100-percent 41
abstinence-based program to restrict admission to 42
certain individuals under specified circumstances; 43
requiring the department to adopt rules and establish 44
certain standards; making technical changes; amending 45
s. 397.4871, F.S.; revising legislative intent; 46
deleting a provision that the credentialing program 47
for recovery residence administrator certification is 48
voluntary; making technical changes; amending s. 49
397.4873, F.S.; deleting a requirement that a licensed 50
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service provider may not make a referral of a 51
prospective, current, or discharged patient to a 52
recovery residence if such recovery residence is not 53
actively managed by a certified recovery residence 54
administrator; revising applicability; amending s. 55
633.208, F.S.; conforming a cross-reference; 56
reenacting ss. 61.13(9)(a) and (b), 553.80(10) and 57
893.13(1)(h), F.S., relating to support of children 58
and parenting and time-sharing, enforcement, and 59
prohibited acts and penalties, respectively, to 60
incorporate the amendment made to s. 397.311, F.S., in 61
references thereto; providing an effective date. 62
63
WHEREAS, the Legislature recognizes that recovery 64
residences play a vital role in sustaining long-term recovery 65
from substance use disorders by providing safe, stable, and 66
supported living environments, and 67
WHEREAS, the Legislature further finds that the absence of 68
consistent statewide standards for the ownership, management, 69
and operation of recovery residences has led to confusion, 70
exploitation, and consumer harm among individuals seeking 71
recovery, and 72
WHEREAS, in 2015, the Legislature enacted s. 397.311, 73
Florida Statutes, to establish a framework for voluntary 74
certification, but experience has demonstrated that voluntary 75
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compliance alone is insufficient to ensure resident safety and 76
the integrity of Florida's recovery housing system, and 77
WHEREAS, it is the intent of the Legislature to strengthen 78
the protections originally established by s. 397.311, Florida 79
Statutes, by requiring certification of all recovery residences, 80
revising levels of structured support to reflect the needs of 81
persons in recovery, and ensuring that certified recovery 82
residence administrators are qualified, accountable, and 83
ethically bound to uphold the highest standards of care, and 84
WHEREAS, the Legislature further finds that recovery 85
residences, when operated in accordance with nationally 86
recognized standards, reduce relapse, homelessness, and 87
recidivism, and thereby promote individual recovery, family 88
reunification, and public safety, while reducing the overall 89
cost of care to the state, NOW, THEREFORE, 90
91
Be It Enacted by the Legislature of the State of Florida: 92
93
Section 1. This act may be cited as the "Recovery 94
Residence Accountability and Protection Act of 2025." 95
Section 2. Subsections (5), (9), (39), and (40) of section 96
397.311, Florida Statutes, are amended to read: 97
397.311 Definitions.—As used in this chapter, except part 98
VIII, the term: 99
(5) "Certified Recovery residence" means a recovery 100
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residence that holds a valid certificate of compliance and is 101
actively managed by a certified recovery residence 102
administrator. 103
(a) A Level I certified recovery residence houses 104
individuals in recovery who have completed treatment, with a 105
minimum of 9 months of sobriety. A Level I certified recovery 106
residence may be is democratically run by the members who reside 107
in the home, or have a person designated as a house manager or a 108
peer leader who has a lived experience in recovery available for 109
resident oversight and support. Residents are expected to follow 110
rules outlined in a resident handbook. Residents must pay rent 111
and work toward achieving realistic and defined milestones 112
within a chosen recovery path. 113
(b) A Level II certified recovery residence encompasses 114
the traditional perspectives of sober living homes. Residents 115
are monitored by There is oversight from a house manager who has 116
lived experience with living in recovery, and. Residents are 117
expected to follow rules outlined in a resident handbook 118
provided by the certified recovery residence administrator. 119
Residents must pay rent dues, if applicable, and work toward 120
achieving realistic and defined milestones within a chosen 121
recovery path. Residents who are receiving outpatient services 122
from a licensed service provider are permitted so long as the 123
Level II recovery residence has no affiliation, pecuniary or 124
otherwise, with that licensed service provider. 125
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(c) A Level III certified recovery residence delivers 126
weekly nonclinical structured programming, including peer-based 127
and other recovery support services such as recovery and 128
resiliency groups, person-driven recovery plans, 12-step 129
immersion, faith-based services, or some other form of 130
nonclinical recovery services or programming, and life skills 131
development programming such as meal preparation, job readiness, 132
or budgeting. A Level III certified recovery residence provides 133
offers higher supervision by staff with formal training to 134
ensure resident accountability. Level III certified recovery 135
residences support populations that need more intense support in 136
developing recovery capital than provided by Level I or Level II 137
recovery residences. Such residences must be are staffed 24 138
hours a day, 7 days a week, and offer residents peer-support 139
services, which may include, but are not limited to, life skill 140
mentoring, recovery planning, and meal preparation. Clinical 141
services may be procured through unaffiliated third parties, 142
however, such services may not be performed at the residence. 143
Such residences are most appropriate for persons who require a 144
more structured environment during early recovery from 145
addiction. 146
(d) A Level IV certified recovery residence is a residence 147
offered, referred to, or provided by, a licensed service 148
provider to its patients who are required to reside at the 149
residence while receiving intensive outpatient and higher levels 150
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of outpatient care. Such residences must be are staffed 24 hours 151
a day and combine outpatient licensable services with recovery 152
residential living. Residents are required to follow a treatment 153
plan and attend group and individual sessions, in addition to 154
developing a recovery plan within the social model of living in 155
a sober lifestyle. No Clinical services may not be are provided 156
at the residence and all licensable services are provided 157
offsite. 158
(9) "Community housing" means a certified recovery 159
residence offered, referred to, or provided by a licensed 160
service provider that provides housing to its patients who are 161
required to reside at the residence while receiving intensive 162
outpatient and higher levels of outpatient care. A certified 163
recovery residence used by a licensed service provider which 164
that meets the definition of community housing shall be 165
classified as a Level IV level of support, as described in 166
subsection (5). 167
(39) "Recovery residence" or "certified recovery 168
residence" means a residential dwelling unit, whether single- or 169
multi-family, the community housing component of a licensed day 170
or night treatment facility with community housing, or any other 171
form of group housing, which is represented, offered, or 172
advertised to the public as providing a living environment for 173
persons recovering from substance use disorders. A recovery 174
residence must hold a valid certificate of compliance pursuant 175
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to s. 397.487 through any means, including oral, written, 176
electronic, or printed means, by any person or entity as a 177
residence that provides a peer-supported, alcohol-free, and 178
drug-free living environment. 179
(40) "Recovery residence administrator" means the person 180
responsible for overall management of the recovery residence who 181
holds a valid certificate of compliance pursuant to s. 397.4871, 182
including, but not limited to, the supervision of residents and 183
staff employed by, or volunteering for, the residence. 184
Section 3. Section 397.487, Florida Statutes, is amended 185
to read: 186
397.487 Voluntary Certification of recovery residences.— 187
(1) The Legislature finds that recovery residences play a 188
vital role in sustaining long-term recovery from substance use 189
disorders by providing safe, stable, and supported living 190
environments. The Legislature further finds that the absence of 191
consistent statewide standards for the ownership, management, 192
and operation of recovery residences has led to confusion, 193
exploitation, and consumer harm among individuals seeking 194
recovery. The Legislature enacted this section to establish a 195
framework for voluntary certification, but experience has 196
demonstrated that voluntary compliance alone is insufficient to 197
ensure resident safety, the integrity of Florida's recovery 198
housing system, and the protection of persons in recovery, who 199
have historically been subjected to exploitation and abuse by 200
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unscrupulous operators of uncertified recovery residences in 201
this state. It is the intent of the Legislature to strengthen 202
the protections originally established by this section by 203
requiring the certification of all recovery residences, revising 204
levels of structured support to reflect the needs of persons in 205
recovery, and ensuring that certified recovery residence 206
administrators are qualified, accountable, and ethically bound 207
to uphold the highest standards of care. The Legislature further 208
finds that recovery residences, when operated in accordance with 209
nationally recognized standards, reduce relapse, homelessness, 210
and recidivism, thereby promoting individual recovery, family 211
reunification, and resident safety, while reducing the overall 212
cost of care to the state a person suffering from addiction has 213
a higher success rate of achieving long-lasting sobriety when 214
given the opportunity to build a stronger foundation by living 215
in a recovery residence while receiving treatment or after 216
completing treatment. The Legislature further finds that this 217
state and its subdivisions have a legitimate state interest in 218
protecting these persons, who represent a vulnerable consumer 219
population in need of adequate housing. It is the intent of the 220
Legislature to protect persons who reside in a recovery 221
residence. 222
(2) Any person, entity, or organization that owns, 223
operates, or manages a recovery residence must obtain and 224
maintain certification in accordance with this section. It is 225
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unlawful to operate a recovery residence without such 226
certification. Recovery residences operating as of July 1, 2026, 227
must apply for certification no later than January 1, 2027, and 228
may operate conditionally during the application process, unless 229
suspended or denied. The department shall approve at least one 230
credentialing entity with demonstrated expertise in recovery 231
housing operations and compliance monitoring which is affiliated 232
with the National Alliance for Recovery Residences by December 233
1, 2015, for the purpose of developing and administering a 234
voluntary certification program for recovery residences. The 235
approved credentialing entity shall: 236
(a) Establish recovery residence certification 237
requirements. 238
(b) Establish procedures to: 239
1. Administer the application, certification, 240
recertification, and disciplinary processes. 241
2. Monitor and inspect a recovery residence and its staff 242
to ensure compliance with certification requirements. 243
3. Interview and evaluate residents, employees, and 244
volunteer staff on their knowledge and application of 245
certification requirements. 246
(c) Provide training for owners, managers, and staff. 247
(d) Develop a code of ethics. 248
(e) Establish application, inspection, and annual 249
certification renewal fees. The application fee may not exceed 250
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$100. Any onsite inspection fee shall reflect actual costs for 251
inspections. The annual certification renewal fee may not exceed 252
$100. 253
(3) A credentialing entity shall require the recovery 254
residence to submit the following documents with the completed 255
application and fee: 256
(a) A policy and procedures manual containing: 257
1. Job descriptions for all staff positions. 258
2. Drug-testing procedures and requirements. 259
3. A prohibition on the premises against alcohol, 260
marijuana, illegal drugs, and the use of prescribed medications 261
by an individual other than the individual for whom the 262
medication is prescribed. For the purposes of this subsection, 263
"marijuana" includes marijuana that has been certified by a 264
qualified physician for medical use in accordance with s. 265
381.986. 266
4. Policies to support a resident's recovery efforts. 267
5. A good neighbor policy to address neighborhood concerns 268
and complaints. 269
(b) Rules for residents. 270
(c) Copies of all forms provided to residents. 271
(d) Intake procedures. 272
(e) Sexual predator and sexual offender registry 273
compliance policy. 274
(f) Relapse policy. 275
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(g) Fee schedule. 276
(h) Refund policy. 277
(i) Eviction procedures and policy. 278
(j) Code of ethics. 279
(k) Proof of insurance. 280
(l) Proof of background screening. 281
(m) Proof of satisfactory fire, safety, and health 282
inspections. 283
(4) A certified recovery residence must be actively 284
managed by a certified recovery residence administrator. All 285
applications for certification must include the name of the 286
certified recovery residence administrator who will be actively 287
managing the applicant recovery residence. Active management of 288
a recovery residence includes: 289
(a) Ensuring compliance with certification requirements, 290
including site management, ethical practices, and record 291
keeping. 292
(b) Overseeing staff management and training. 293
(c) Developing programs and activities that provide 294
recovery support to residents. 295
(d) Crisis management, including interaction with medical 296
professionals, law enforcement, and emergency management. 297
(e) Continuous improvement in recovery management and 298
addiction recovery support. 299
(5) Upon receiving a complete application, a credentialing 300
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entity shall conduct an onsite inspection of the recovery 301
residence. 302
(6) All owners, directors, and chief financial officers of 303
an applicant recovery residence are subject to level 2 304
background screening as provided under s. 408.809 and chapter 305
435. A recovery residence is ineligible for certification, and a 306
credentialing entity must shall deny a recovery residence's 307
application, if any owner, director, or chief financial officer 308
has been found guilty of, or has entered a plea of guilty or 309
nolo contendere to, regardless of adjudication, any offense 310
listed in s. 408.809(4) or s. 435.04(2) unless the department 311
has issued an exemption under s. 435.07. Exemptions from 312
disqualification applicable to service provider personnel 313
pursuant to s. 397.4073 or s. 435.07 shall apply to this 314
subsection. In accordance with s. 435.04, the department shall 315
notify the credentialing agency of an owner's, director's, or 316
chief financial officer's eligibility based on the results of 317
his or her background screening. 318
(7) A credentialing entity shall issue a certificate of 319
compliance upon approval of the recovery residence's application 320
and inspection. The certification shall automatically terminates 321
terminate 1 year after issuance if not renewed. 322
(8) Onsite follow-up followup monitoring of a certified 323
recovery residence may be conducted by the credentialing entity 324
to determine continuing compliance with certification 325
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F L O R I D A H O U S E O F R E P R E S E N T A T I V E S
requirements. The credentialing entity shall inspect each 326
certified recovery residence at least annually to ensure 327
compliance. 328
(a) A credentialing entity may suspend or revoke a 329
certification if the recovery residence is not in compliance 330
with any provision of this section or has failed to remedy any 331
deficiency identified by the credentialing entity within the 332
time period specified. 333
(b) A certified recovery residence must notify the 334
credentialing entity within 3 business days after the removal of 335
the recovery residence's certified recovery residence 336
administrator due to termination, resignation, or any other 337
reason. The certified recovery residence has 90 days to retain a 338
certified recovery residence administrator. The credentialing 339
entity must revoke the certificate of compliance of any 340
certified recovery residence that fails to comply with this 341
paragraph. 342
(c) If a certified recovery residence's administrator has 343
been removed due to termination, resignation, or any other 344
reason and had been previously approved to actively manage more 345
than 50 residents pursuant to s. 397.4871(8)(b), the certified 346
recovery residence has 90 days to retain another certified 347
recovery residence administrator pursuant to s. 397.4871. The 348
credentialing entity must revoke the certificate of compliance 349
of any certified recovery residence that fails to comply with 350
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this paragraph. 351
(d) If any owner, director, or chief financial officer of 352
a certified recovery residence is arrested and awaiting 353
disposition for or found guilty of, or enters a plea of guilty 354
or nolo contendere to, regardless of whether adjudication is 355
withheld, any offense listed in s. 435.04(2) while acting in 356
that capacity, the certified recovery residence must immediately 357
remove the person from that position and notify the 358
credentialing entity within 3 business days after such removal. 359
The credentialing entity must revoke the certificate of 360
compliance of a certified recovery residence that fails to meet 361
these requirements. 362
(e) A credentialing entity shall revoke a certified 363
recovery residence's certificate of compliance if the certified 364
recovery residence provides false or misleading information to 365
the credentialing entity at any time. 366
(f) Any decision by a department-recognized credentialing 367
entity to deny, revoke, or suspend a certification, or otherwise 368
impose sanctions on a certified recovery residence, is 369
reviewable by the department. Upon receiving an adverse 370
determination, the certified recovery residence may request an 371
administrative hearing pursuant to ss. 120.569 and 120.57(1) 372
within 30 days after completing any appeals process offered by 373
the credentialing entity or the department, as applicable. 374
(9) A person may not advertise to the public, in any way 375
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or by any medium whatsoever, any recovery residence as a 376
"certified recovery residence" unless such recovery residence 377
has first secured a certificate of compliance under this 378
section. A person who violates this subsection commits a 379
misdemeanor of the first degree, punishable as provided in s. 380
775.082 or s. 775.083. 381
(10)(a) A certified recovery residence may allow a minor 382
child to visit a parent who is a resident of the recovery 383
residence, provided that a minor child may not visit or remain 384
in the recovery residence between the hours of 9 p.m. and 7 a.m. 385
unless: 386
1. A court makes a specific finding that such visitation 387
is in the best interest of the minor child; or 388
2. The recovery residence is a specialized residence for 389
pregnant women or parents whose children reside with them. Such 390
recovery residences may allow children to visit or reside in the 391
residence if the parent does not yet have a time-sharing plan 392
pursuant to s. 61.13, provided that the parent files with the 393
court for establishment of a plan within 14 days of moving into 394
the residence. 395
(b) A certified recovery residence may not allow a minor 396
child to visit a parent who is a resident of the recovery 397
residence at any time if any resident of the recovery residence 398
is currently required to register as a sexual predator under s. 399
775.21 or as a sexual offender under s. 943.0435. 400
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(11) Notwithstanding any landlord and tenant rights and 401
obligations under chapter 83, a recovery residence that is 402
certified under this section and has a discharge policy approved 403
by a department-recognized credentialing entity may immediately 404
discharge or transfer a resident in accordance with that policy 405
under any of the following circumstances: 406
(a) The discharge or transfer is necessary for the 407
resident's welfare. 408
(b) The resident's needs cannot be met at the recovery 409
residence. 410
(c) The health and safety of other residents or recovery 411
residence employees is at risk or would be at risk if the 412
resident continues to live at the recovery residence. 413
(12) Any person discharged from a recovery residence under 414
subsection (11) who willfully refuses to depart after being 415
warned by the owner or an authorized employee of the recovery 416
residence commits the offense of trespass in a recovery 417
residence, a misdemeanor of the second degree, punishable as 418
provided in s. 775.082 or s. 775.083. 419
(13)(a) Consistent with the Americans with Disabilities 420
Act and the Fair Housing Act, a recovery residence may not deny 421
admission to an individual solely because he or she is 422
prescribed federally approved medication for the treatment of a 423
substance use disorder. 424
(b) A recovery residence may conduct an individualized 425
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assessment to determine whether admitting a specific individual 426
would fundamentally alter the nature of the recovery residence's 427
operations based on objective, individualized evidence, and not 428
on program philosophy or generalized assumptions. 429
(c) The department shall adopt rules establishing 430
procedures for individualized assessments, documentation, 431
reasonable accommodations, and resident rights which are 432
consistent with federal guidance. 433
(d) This subsection may not be construed to authorize 434
blanket policies or program-wide exclusions of individuals who 435
take federally approved medication for the treatment of a 436
substance use disorder. 437
(e) Beginning January 1, 2025, A certified recovery 438
residence may not deny an individual access to housing solely on 439
the basis that he or she has been prescribed federally approved 440
medication that assists with treatment for substance use 441
disorders; however, a recovery residence operating as a 100-442
percent abstinence-based program may restrict admission to 443
individuals currently using medication-assisted treatment if the 444
admission of such individuals would fundamentally alter the 445
nature of the program's abstinence-based model, as authorized by 446
29 C.F.R. s. 35.130(b)(7). The department shall adopt rules to 447
define the term "abstinence-based recovery residence" and 448
establish standards ensuring transparency and consumer choice 449
consistent with the Americans with Disabilities Act and the Fair 450
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Housing Act by a licensed physician, a physician's assistant, or 451
an advanced practice registered nurse registered under s. 452
464.0123. 453
(14) A local ordinance or regulation may not further 454
regulate the duration or frequency of a resident's stay in a 455
certified recovery residence located within a multifamily zoning 456
district after June 30, 2024. This provision expires shall 457
expire July 1, 2026. 458
(15)(a) By January 1, 2026, the governing body of each 459
county or municipality shall adopt an ordinance establishing 460
procedures for the review and approval of certified recovery 461
residences within its jurisdiction. The ordinance must include a 462
process for requesting reasonable accommodations from any local 463
land use regulation that serves to prohibit the establishment of 464
a certified recovery residence. 465
(b) At a minimum, the ordinance must: 466
1. Be consistent with the Fair Housing Amendments Act of 467
1988, 42 U.S.C. ss. 3601 et seq., and Title II of the Americans 468
with Disabilities Act, 42 U.S.C. ss. 12131 et seq. 469
2. Establish a written application process for requesting 470
a reasonable accommodation for the establishment of a certified 471
recovery residence, which application must be submitted to the 472
appropriate local government office. 473
3. Require the local government to date stamp each 474
application upon receipt. If additional information is required, 475
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the local government must notify the applicant in writing within 476
the first 30 days after receipt of the application and allow the 477
applicant at least 30 days to respond. 478
4. Require the local government to issue a final written 479
determination on the application within 60 days after receipt of 480
a completed application. The determination must: 481
a. Approve the request in whole or in part, with or 482
without conditions; or 483
b. Deny the request, stating with specificity the 484
objective, evidence-based reasons for denial and identifying any 485
deficiencies or actions necessary for reconsideration. 486
5. Provide that if a final written determination is not 487
issued within 60 days after receipt of a completed application, 488
the request is deemed approved unless the parties agree in 489
writing to a reasonable extension of time. 490
6. Require that the application include, at a minimum: 491
a. The name and contact information of the applicant or 492
the applicant's authorized representative; 493
b. The property address and parcel identification number; 494
and 495
c. A description of the accommodation requested and the 496
specific regulation or policy from which relief is sought. 497
(c) The ordinance may establish additional requirements 498
for the review or approval of reasonable accommodation requests 499
for establishing a certified recovery residence, provided such 500
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requirements are consistent with federal law and do not conflict 501
with this subsection. 502
(d) The ordinance may not require public hearings beyond 503
the minimum required by law to grant the requested 504
accommodation. 505
(e) The ordinance may include provisions for the 506
revocation of a granted accommodation of a certified recovery 507
residence for cause, including, but not limited to, a violation 508
of the conditions of approval or the lapse, revocation, or 509
failure to maintain certification or licensure required under 510
this section, if not reinstated within 180 days. 511
(f) The ordinance and establishment of a reasonable 512
accommodation process does not relieve the local government from 513
its obligations under the Fair Housing Amendments Act of 1988, 514
42 U.S.C. ss. 3601 et seq., and Title II of the Americans with 515
Disabilities Act, 42 U.S.C. ss. 12131 et seq. The regulation for 516
which the applicant is seeking a reasonable accommodation must 517
not facially discriminate against or otherwise disparately 518
impact the applicant. 519
(16) The application of this section does not supersede 520
any current or future declaration or declaration of condominium 521
adopted pursuant to chapter 718; any cooperative document 522
adopted pursuant to chapter 719; or any declaration or 523
declaration of covenant adopted pursuant to chapter 720. 524
Section 4. Subsections (1), (2), (7), and (8) of section 525
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397.4871, Florida Statutes, are amended to read: 526
397.4871 Recovery residence administrator certification.— 527
(1) It is the intent of the Legislature that a recovery 528
residence administrator voluntarily earn and maintain 529
certification from a credentialing entity approved by the 530
Department of Children and Families. The Legislature further 531
intends that certification ensure that an administrator has the 532
competencies necessary to appropriately respond to the needs of 533
residents, to maintain residence standards, and to meet 534
residence certification requirements. 535
(2) The department shall approve at least one 536
credentialing entity by December 1, 2015, for the purpose of 537
developing and administering a voluntary credentialing program 538
for administrators. The department shall approve any 539
credentialing entity that the department endorses pursuant to s. 540
397.321(15) if the credentialing entity also meets the 541
requirements of this section. The approved credentialing entity 542
shall: 543
(a) Establish recovery residence administrator core 544
competencies, certification requirements, testing instruments, 545
and recertification requirements. 546
(b) Establish a process to administer the certification 547
application, award, and maintenance processes. 548
(c) Develop and administer: 549
1. A code of ethics and disciplinary process. 550
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2. Biennial continuing education requirements and annual 551
certification renewal requirements. 552
3. An education provider program to approve training 553
entities that are qualified to provide precertification training 554
to applicants and continuing education opportunities to 555
certified persons. 556
(7) A person may not advertise himself or herself to the 557
public, in any way or by any medium whatsoever, as a "certified 558
recovery residence administrator" unless he or she has first 559
secured a certificate of compliance under this section. A person 560
who violates this subsection commits a misdemeanor of the first 561
degree, punishable as provided in s. 775.082 or s. 775.083. 562
(8)(a) A certified recovery residence administrator must 563
demonstrate the ability to effectively and appropriately respond 564
to the needs of residents, to maintain residence standards, and 565
to meet the certification requirements of this section. 566
(b) A certified recovery residence administrator may not 567
actively manage more than 50 residents at any given time unless 568
written justification is provided to, and approved by, the 569
credentialing entity as to how the administrator is able to 570
effectively and appropriately respond to the needs of the 571
residents, to maintain residence standards, and to meet the 572
residence certification requirements of this section. However, a 573
certified recovery residence administrator may not actively 574
manage more than 100 residents at any given time. 575
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(c) Notwithstanding paragraph (b), a Level IV certified 576
recovery residence operating as community housing as defined in 577
s. 397.311(9), which residence is actively managed by a 578
certified recovery residence administrator approved for 100 579
residents under this section and is wholly owned or controlled 580
by a licensed service provider, may: 581
1. Actively manage up to 150 residents so long as the 582
licensed service provider maintains a service provider 583
personnel-to-patient ratio of 1 to 8 and maintains onsite 584
supervision at the residence during times when residents are at 585
the residence with a personnel-to-resident ratio of 1 to 10. 586
2. Actively manage up to 300 residents, so long as the 587
licensed service provider maintains a service provider 588
personnel-to-patient ratio of 1 to 8 and maintains onsite 589
supervision at the residence during times when residents are at 590
the residence with a personnel-to-resident ratio of 1 to 6. 591
592
A certified recovery residence administrator who has been 593
removed by a certified recovery residence due to termination, 594
resignation, or any other reason may not continue to actively 595
manage more than 50 residents for another service provider or 596
certified recovery residence without being approved by the 597
credentialing entity. 598
Section 5. Subsections (1) and (2) of section 397.4873, 599
Florida Statutes, are amended to read: 600
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397.4873 Referrals to or from recovery residences; 601
prohibitions; penalties.— 602
(1) A service provider licensed under this part may not 603
make a referral of a prospective, current, or discharged patient 604
to, or accept a referral of such a patient from, a recovery 605
residence unless the recovery residence holds a valid 606
certificate of compliance as provided in s. 397.487 and is 607
actively managed by a certified recovery residence administrator 608
as provided in s. 397.4871. 609
(2) Subsection (1) does not apply to: 610
(a) A licensed service provider under contract with a 611
managing entity as defined in s. 394.9082. 612
(b) Referrals by a recovery residence to a licensed 613
service provider when the recovery residence or its owners, 614
directors, operators, or employees do not benefit, directly or 615
indirectly, from the referral. 616
(c) Referrals made before July 1, 2018, by a licensed 617
service provider to that licensed service provider's wholly 618
owned subsidiary. 619
(d) the referral of a patient to, or acceptance of a 620
referral of such a patient from, a recovery residence that has 621
no direct or indirect financial or other referral relationship 622
with the licensed service provider and that is democratically 623
operated by its residents pursuant to a charter from an entity 624
recognized or sanctioned by Congress, and where the residence or 625
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any resident of the residence does not receive a benefit, 626
directly or indirectly, for the referral. 627
Section 6. Subsection (11) of section 633.208, Florida 628
Statutes, is amended to read: 629
633.208 Minimum firesafety standards.— 630
(11) Notwithstanding subsection (8), a single-family or 631
two-family dwelling that is a certified recovery residence, as 632
defined in s. 397.311, or that is a recovery residence, as 633
defined in s. 397.311, that has a charter from an entity 634
recognized or sanctioned by Congress may not be reclassified for 635
purposes of enforcing the Florida Fire Prevention Code solely 636
due to such use. 637
Section 7. For the purpose of incorporating the amendment 638
made by this act to section 397.311, Florida Statutes, in 639
references thereto, paragraphs (a) and (b) of subsection (9) of 640
section 61.13, Florida Statutes, are reenacted to read: 641
61.13 Support of children; parenting and time-sharing; 642
powers of court.— 643
(9)(a) A time-sharing plan may not require that a minor 644
child visit a parent who is a resident of a recovery residence, 645
as defined by s. 397.311, between the hours of 9 p.m. and 7 646
a.m., unless the court makes a specific finding that such 647
visitation is in the best interest of the child. In determining 648
the best interest of the minor child in such cases, the court 649
shall take into account factors including, but not limited to, 650
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whether the parent resides in a specialized residence for 651
pregnant women or parents whose children reside with them, the 652
number of adults living in the recovery residence, and the 653
parent's level of recovery. 654
(b) A time-sharing plan that does not mention a recovery 655
residence may not be interpreted to require that a minor child 656
visit a parent who is a resident of a recovery residence, as 657
defined by s. 397.311, between the hours of 9 p.m. and 7 a.m. 658
Section 8. For the purpose of incorporating the amendment 659
made by this act to section 397.311, Florida Statutes, in 660
references thereto, subsection (10) of section 553.80, Florida 661
Statutes, is reenacted to read: 662
553.80 Enforcement.— 663
(10) A single-family or two-family dwelling that is 664
converted into a certified recovery residence, as defined in s. 665
397.311, or a recovery residence, as defined in s. 397.311, that 666
has a charter from an entity recognized or sanctioned by 667
Congress does not have a change of occupancy as defined in the 668
Florida Building Code solely due to such conversion. 669
Section 9. For the purpose of incorporating the amendment 670
made by this act to section 397.311, Florida Statutes, in 671
references thereto, paragraph (h) of subsection (1) of section 672
893.13, Florida Statutes, is reenacted to read: 673
893.13 Prohibited acts; penalties.— 674
(1) 675
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(h) Except as authorized by this chapter, a person may not 676
sell, manufacture, or deliver, or possess with intent to sell, 677
manufacture, or deliver, a controlled substance in, on, or 678
within 1,000 feet of the real property comprising a mental 679
health facility, as that term is used in chapter 394; a health 680
care facility licensed under chapter 395 which provides 681
substance abuse treatment; a licensed service provider as 682
defined in s. 397.311; a facility providing services that 683
include clinical treatment, intervention, or prevention as 684
described in s. 397.311(27); a recovery residence as defined in 685
s. 397.311; an assisted living facility as defined in chapter 686
429; or a pain management clinic as defined in s. 687
458.3265(1)(a)1.c. or s. 459.0137(1)(a)1.c. A person who 688
violates this paragraph with respect to: 689
1. A controlled substance named or described in s. 690
893.03(1)(a), (1)(b), (1)(d), (2)(a), (2)(b), or (2)(c)5. 691
commits a felony of the first degree, punishable as provided in 692
s. 775.082, s. 775.083, or s. 775.084. 693
2. A controlled substance named or described in s. 694
893.03(1)(c), (2)(c)1., (2)(c)2., (2)(c)3., (2)(c)6., (2)(c)7., 695
(2)(c)8., (2)(c)9., (2)(c)10., (3), or (4) commits a felony of 696
the second degree, punishable as provided in s. 775.082, s. 697
775.083, or s. 775.084. 698
3. Any other controlled substance, except as lawfully 699
sold, manufactured, or delivered, must be sentenced to pay a 700
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$500 fine and to serve 100 hours of public service in addition 701
to any other penalty prescribed by law. 702
Section 10. This act shall take effect July 1, 2026. 703